'Just Pick A New Name': Rock Band 'OK Go!' Fires Back At Food Manufacturer's Lawsuit
Feb. 2 2023, Published 12:46 p.m. ET
The ban OK Go! fired back at a food production company after the cereal manufacturer sued them, RadarOnline.com has learned.
The bandmates trademarked their group's name in 2008 but found themselves in court in early January 2023 after Post Foods filed a lawsuit demanding they be allowed to use "OK Go!" as the name of one of its products.
The food production company asked a Minnesota federal judge to side to declare that their product, OK GO!, did not violate the band's trademarked name.
OK Go's lead singer and guitarist Damian Kulash called the move "enraging."
"It’s enraging… It seems like such cut-and-dry bullying," Kulash told Variety on the trademark drama. "There are so many other things you could call your f------ cereal. Just pick one. Nobody looks good in this."
"Just pick a new name," the lead singer added.
To argue against the band's accusation, Post Foods attempted to argue a concept known to trademark litigation as the "likelihood of confusion," which is used to determine a trademark's devaluation compared to a similar name or product.
In court documents, Post Foods claimed that because they manufactured "high-quality, delicious cereal products," and the group members were a rock band, there was no violation of OK Go's trademark when they named their product.
Part of OK Go's captivation was its ability to create viral music videos, long before widely-shared internet videos were commonplace.
The process of making said videos included a well-vetted selection of brands that the musicians would feature in videos for a "wholesome type of amazement."
Partnerships brought generous funds from brands — that included Post Foods — to be associated with the unique style.
Damian Kulash
"We made this ornate, over-the-top thing, so you could experience some little moment of joy. That little jolt of dopamine — ‘What a cool little thing I got today’ — I think that’s a very popular thing for brands to want," Kulash said of his band's music video style. "t’s a great brand to have and one we’re not going to give away for free."
Fans who were around in the late 2000s more than likely remembered the band's infamous treadmill video, where they sang their hit song Here We Go Again as they jumped in sync from machine to machine.
The band's attorney, Alex Kaplan, claimed that the introduction of Post Food's product caused "loss of control of their mark and their brand."
"It’s definitely loss of any opportunity to work with any other cereal or other food company," the attorney added.